Torres

Torres v. City of Santa Ana

Good Law
108 F.3d 224·97 Daily Journal DAR 3071·1997 WL 87869·1997 U.S. App. LEXIS 3753·97 Cal. Daily Op. Serv. 1593
United States Court of Appeals for the Ninth CircuitMarch 4, 1997No. 95-56642California2,003 words

Opinion

Lead Opinion

Nelson, J.

David Torres appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against the City of Santa Ana and individual defendants alleging civil rights violations that occurred when he was arrested by the Santa Ana police for prowling and resisting arrest. The district court concluded that Torres’s complaint was time-barred by Cal.Gov’t Code § 945.3. Torres claims that his cause of action is not time-barred because the statute of limitations should have been tolled by either a notice to appear or a petition for arraignment on probation violation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 3, 1994, David Torres was arrested for committing two misdemeanors: prowling, in violation of Cal.Penal Code § 647(g), and resisting and obstructing an officer in the performance of his duties, in violation of Cal.Penal Code § 148. Torres was released after being cited for these violations and after he signed a notice to appear.

As a result of this arrest, Torres was formally notified that he was being charged with violating his probation, which had been imposed in September 1991 when Torres pled guilty to robbery…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.